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PAMIDIGHANTAM SRI NARASIMHA, ALOK ARADHE
Lucknow Public School, Eldico – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
1. Delay condoned.
2. This is yet another occasion for us to reiterate the constitutional and statutory obligation of a ‘neighbourhood school’ to give admission to students forwarded by the State Government without any delay. Such an obligation is consistent with the constitutional philosophy1[Article 21A], Section 12 of the Right of Children to Free and Compulsory Education Act, 20092[Hereinafter referred to as ‘RTE Act, 2009’], as well as Rule 8 of the U.P Right of Children to Free and Compulsory Education Rules, 20113[Hereinafter referred to as the ‘UP RTE Rules, 2011’]. For the reasons to follow, we have affirmed the direction of the High Court to grant admission to the respondent without any delay.
3. The facts leading to filing of the present Special Leave Petition are that the respondent no. 5 (‘student’) applied to the Basic Education Department, State of Uttar Pradesh, for admission into pre-primary class in a neighbourhood school in accordance with the procedure prescribed under UP RTE Rules, 2011 for the year 2024-25. The student was duly selected, and the published list containing her name was sent to the petitioner school for admission into the pre-primary cl
Neighbourhood schools must immediately admit State-forwarded students from weaker/disadvantaged groups under 25% RTE quota without eligibility review or delay, though representations permitted.
The obligation of neighborhood schools to admit 25% of children from weaker sections under the Right to Education Act is a constitutional mandate that requires effective implementation through enforc....
The Amendment Rules exempting private unaided schools from admitting 25% disadvantaged children based on proximity to government schools violate the RTE Act and Article 21-A, as they impose condition....
The right to education under the RTE Act does not guarantee admission to a specific school, and residency criteria based on wards must be clarified by the State.
The Right to Education Act aims to ensure educational access for underprivileged children, and rigid adherence to distance criteria that denies admission contradicts this purpose.
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